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JB/028/126/003

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3

Inserenda.
Common Law. Custom & Maxims

the subject of legal regulation. A

A Custom in pays of fori or of the Court and fori, is an agreement among
individual modes of conduct that have obtained
among the persons forming a Court in the exercise of Judicial function
concerning a particular sort of case of a nature
to become the subject of legal regulation.

A Custom whether in pays or sub foro is not of itself a Law: though Lawyers
in their confused language have then used to say so: v. Jacob's Dict. Article "Custom".
For to be in the habit of doing thus and thus
of your own accord is one thing; to be obliged
to persevere in that habit by dint of punishment
is another.

A is something that Custom is not in itself any thing that can compel: Law is. A custom
is something that men may be compelled
to. But they are not compelled to it, ipso
facto, merely because it is from it's being their custom: when
they are compelled to it, it is by something
further than that of which custom is made up; further their own acts or modes of conduct: of his to
is made up
it is by the acts of
others: it is by pain of Law of what such acts (for we speak not here of acts of lawless violence, such as are punishable by Law.) as are Laws
or out of which action Law is made. In short a word it is by force
of Law.

For For A Custom whether in pays or Sub foro that burthens to which the force of Law has
been thus applied to assure it's continuance, of
to a Custom to which that force has not never been as
yet applied, it will be convenient to have a reason an epithet:


Identifier: | JB/028/126/003
"JB/" can not be assigned to a declared number type with value 28.

Date_1

Marginal Summary Numbering

not numbered

Box

028

Main Headings

comment on the commentaries

Folio number

126

Info in main headings field

unwritten law king no wrong custom & maxim

Image

003

Titles

Category

text sheet

Number of Pages

4

Recto/Verso

recto

Page Numbering

/ b2 / f3 / b4

Penner

jeremy bentham

Watermarks

[[watermarks::[gr with crown motif] propatria [britannia motif]]]

Marginals

jeremy bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

9391

Box Contents

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